5 Steps You Should Take After a New Mexico Accident

With or without an attorney, here are Five Very Important Steps you should take immediately after a  car accident,  truck accident,  motorcycle accident  or any accident causing  personal injury or wrongful death.

 

By : Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

 

 Step One: Don’t Discuss The Incident With the Other Party or Their Insurance Representative or Claims Adjuster

The other party, or their representative (usually an insurance company adjuster or investigator) may try to get to you to answer questions soon after the incident – oftentimes within hours. Statements that you make at the time of the accident or following the accident could be used against you as the case unfolds.

Do not talk to the other party or their representative with your attorney present!

Step Two: Get Immediate Medical Attention, Don't Wait

 If you’ve been injured, or there is a possibility that you’ve been injured, get to a doctor, emergency room or an urgent care facility immediately. Be sure that the doctor  documents your symptoms and injuries and the fact that you’ve just been involved in a vehicular accident.

Step Three: Write Things Down....Document Everything That Happens
 

It’s natural for our memories to fade with the passage of time. We’re all human. Make written notes so that you can refresh your memory about the incident. In some counties in New Mexico,  cases don’t get to court for years.   Lawyers working for insurance companies will do their best to paint you as a liar or exaggerator if you don’t have a great recollection of the incident. There is nothing wrong with keeping a diary.

Step Four: Save The Evidence
 

You want to be sure, to the extent possible, that evidence is preserved. Keep broken eyeglasses, casts from broken bones, business cards from witnesses, medical release forms from hospitals.  Keep it all.  Evidence is essential in proving your case later on! Do not lose, alter or destroy evidence!

Vehicle Accident: Repair work should not be started until detailed pictures have been taken of your vehicle (car, truck, bicycle, motorcycle, etc.)

Dangerous or Defective Product: Save the product and its parts (for example, if a bottle breaks, save the broken pieces!). Keep the box in which it came. Save the receipt!
 

Dog Bite or Animal Attack: Save the torn clothing and any other evidence of the attack. Don’t wash the clothes you were wearing.

Slip and Fall / Trip and Fall: Keep the shoes you were wearing, do not throw them out and do not keep wearing them. You will want to keep them in the condition that they were in at the time of your fall. In other words: Don’t wear, repair or throw them out until your case is settled!
 

Step Five: Take Pictures of Your Injuries
 

Take pictures of all parts of your anatomy that show signs of injury before the healing process begins. Abrasions and glass cuts must be photographed.   Date the pictures accordingly (be sure that your digital camera has the right date!). Then take daily pictures of your injuries.
 

If you have scarring, be sure to get pictures. If you’re going to have the scars surgically removed or reduced, be sure to take before and after pictures. In some situations, your lawyer may hire a professional medical photographer to take these pictures.

Caruso Law Offices, Personal Injury Attorneys

Caruso Law Offices  represent people who have received  personal injuries  or have a loved one who has suffered a  wrongful death  due to the carelessness of others. It's my job to take the pressure off of you so that you are free to heal. Feel free to call me at 505-883-5000 for a free consultation or visit our web site at www.carusolaw.com or contact me directly at mark@carusolaw.com

My name is Mark Caruso, and I am the senior attorney at Caruso Law Offices.  Thank you for visiting my blog.  I hope you found it informative. I would like to tell you a little about my firm and my law practice.

I have practiced law for 31 years and am licensed in New Mexico and California.  As a former insurance company attorney I know how insurance companies decide to settle cases.  I used to work for the insurance companies, but now I work for the victims of pesonal injury and wrongful death. I know the "ins-and-outs" of the insurance claims business and their secrets and strategies.  I now use what I learned against them to get my clients the most money possible.

Please feel free to call me at (505) 883-5000 so we can personally discuss your accident. I am also happy to give you a FREE consultation at either of my Albuquerque offices--Northeast Heights or Westside.  I can also meet you at your home, work, or at the hospital after hours and on weekends.  We represent clients in Albuquerque and throughout the state of New Mexico including the pueblos and reservations of our state.

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Albuquerque Accident Attorneys Should Discount Their Fees

Lower attorney contingency fees put more money in client's pocket after personal injury and wrongful death settlements.

By : Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

You have probably seen all the attorneys advertising on television, billboards and the sides of buses that they will represent you in your personal injury claim on a percentage fee basis.  This is called a contingency fee.  A contingency fee means that you pay the personal injury attorney no hourly fee, but instead pay a "percentage fee" at the conclusion of the claim.  If the lawyer recovers no money on the claim, the attorney gets no attorney fee.

The New Mexico Rules of Professional Conduct set the ethical rules for attorneys to follow when charging clients a contingency fee. The rules require the contingent fee to be reasonable, and require that the contingent fee agreement be in writing and signed by the client and attorney.

Most every auto accident and personal injury  attorneys in Albuquerque, NM  charges a contingency fee of  33 1/3% for all injury cases that are settled prior to a lawsuit being filed. This seems a little steep, especially because so little work is done by the attorney before the lawsuit is filed. Most of the initial gathering of medical records and establishing of liability are done by a paralegal or legal assistant supervised by the attorney.  However, if a lawsuit is filed because the case could not be settled, then the attorney has much more involvement in the claim.

Beginning in 2009 Caruso Law Offices pioneered a new approach to attorneys fees in Albuquerque, NM.  In compliance with the "reasonable fee" requirement of the Rules and knowing that less work was required to settle a case if no lawsuit was yet file, we discounted our percentage contingency fee.  We discount the contingency fee to only 29% if a case is settled before a lawsuit is filed.

The result is that more money goes into the  client's pocket! It also means quicker settlements for clients. As an example, using a settlement of a $50,000 case, the attorney fee would be $14,500 rather than $16,666.  That's $2,100 more into the client's pocket rather than the attorney's pocket.

The response from clients to the discounted contingency fee has been amazing. Caruso Law Offices receives most of its personal injury client referrals from word of mouth, and little advertising is really needed.

Some might believe that a discounted fees means a lesser qualified attorney or law firm. Not so! Mark Caruso, the senior attorney at Caruso Law Offices,  is a former insurance company attorney who now helps injured victims.  He has over 30 years of experience helping injured victims. He is also licensed in both New Mexico and California. Because Caruso Law Offices does not do television, billboard or bus advertising, its overhead is smaller, and it can help the client by putting more money in the client's pocket. Helping the clients should be the number one priority of every attorney, and it is the priority at Caruso Law Offices.

The discount really means  that the attorney isn't spending lots of money on advertising and can afford to pass the savings to his clients.  Advertising is an expensive overhead.  Freeway billboards can cost $5,000 a month, and some attorney television budgets are $20,000 monthly.  The advertising does not mean that the attorney is a better attorney, only that he is spending more on advertising and probably charging the higher 33 1/3% fee rather than the discounted 29% fee.

If you would like to personally talk with Mark Caruso at  a free and confidential consultation, you can call him at 505-883-5000 or toll free at 800-657-9292. We have two locations in Albuquerque--the NorthEast Heights and the West Side.  You can also see our web site at www.carusolaw.com We look forward to hearing from you. Thanks. Mark